Sims v. State
Supreme Court of Alabama
Appeal from Walker Circuit Court. Heard before Hon. A. H. Alston. The defendant was indicted for carnal knowledge or abuse in attempting to carnally know a girl under 10 years of age.
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Appeal from Walker Circuit Court. Heard before Hon. A. H. Alston. The defendant was indicted for carnal knowledge or abuse in attempting to carnally know a girl under 10 years of age. To tlie indictment, after certain preliminary motions liad been made, and considered and overruled by tlie court, tlie substance'of which sufficiently appear in the opinion, the defendant interposed the following plea: “Conies the defendant, and for plea to the indictment in this cause says that he has been put upon trial heretofore, on, to-wit, tlie 19th day of March, 1905, in the circuit court of Walker…
1Opinion of the CourtDowdell, J.
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The demurrer to the defendant’s plea of former jeapordy was properly sustained. The indictment set out in this plea, on which it is alleged that the former jeapordy is predicated, shows on its face that it was insufficient to support a judgment of conviction. In Oakley v. State, 135 Ala. 15, 33 South. 23, it was said of a similar indictment that it was had because it did not charge whether the person assaulted was over or under 10 years of age, and therefore failed to show whether defendant was charged under § 5447 of the code of 1896 as for a felony, or under S 5448 of the code of 1896 as…
2Cases cited7 opinions
- Gassenheimer v. StateSupreme Court of Alabama · 1875
- Johnson v. StateSupreme Court of Alabama · 1850
- Whatley v. StateSupreme Court of Alabama · 1906
- Oakley v. StateSupreme Court of Alabama · 1902
- Spraggins v. StateSupreme Court of Alabama · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Arthur v. StateCourt of Criminal Appeals of Alabama · 1990
- McGuff v. StateSupreme Court of Alabama · 1946
- Sharp v. StateSupreme Court of Alabama · 1915
- Patterson v. StateSupreme Court of Alabama · 1918
- Stewart v. StateCourt of Criminal Appeals of Alabama · 1981
20 more not listed; retrieve them via the Exa API.